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Also, we should make it clear that if a libelous statement is printed in a newspaper, the newspaper can be held liable even if the quote is coming from someone else and not the paper or a reporter. Why? Because while the newspaper did not make the statement, it published the statement.
The high court also established what has come to be known as ?the actual malice rule.? This means that public officials suing for libel must prove by clear and convincing evidence that the speaker made the false statement with ?actual malice? ? defined as ?knowledge that it was false or with reckless disregard of ...
Depending on the specific circumstances, potential remedies for defamation in newspaper articles can include a right to sue for damages and/or an injunction preventing further publication of the false statement.
Slander is ?a false and unprivileged publication, orally uttered,? that does one or more of the following: (1) ?Charges any person with crime . . .? Civ. Code § 46(1).
It is a common law principle that any person that has knowingly participated in publishing a defamatory statement may be held liable so long as the party is the: Author- where the statement originated excluding someone that did not intend for the statement to be published.
Finally, a publisher could be held liable for defamation republication if they have the control to remove the defamatory content, but choose not to or ignore the request. This does not require the publisher to take extreme measures to remove the defamatory statement.
A plaintiff who brings a lawsuit for defamation must prove that the defendant's defamatory statement was "published." Published means that the statement was intentionally or negligently communicated by the defendant to someone other than the plaintiff.
Generally, you are responsible for everything you publish, even when the information comes from a third party. Therefore, you can be found liable for repeating a defamatory statement from a source; even attributing that source will not shield you from a lawsuit.